How can examiners search for foreign patents for pre-AIA 35 U.S.C. 102(d) rejections?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Examiners have several methods to search for foreign patents that could be used for pre-AIA 35 U.S.C. 102(d) rejections. The MPEP outlines the following approaches:

1. Electronic database search:
   

   “The search for a granted patent can be accomplished on an electronic database either by the examiner or by the staff of the Scientific and Technical Information Center.“

2. Online searching: For more information on online searching, examiners can refer to MPEP § 901.06(a), subsection IV.B.
3. Requirement for information:
   

   “Alternatively, if the examiner has a reasonable basis for concluding that pre-AIA 35 U.S.C. 102(d) prior art might exist, the examiner may make a requirement for information under 37 CFR 1.105.“

For more details on requirements for information, examiners can consult MPEP § 704.10 et seq.